Is DCF Accusing You of MA DCF Child Neglect due to Domestic Violence?
In Massachusetts, the Department of Children and Families (MA DCF) investigates cases which meet their criteria of child abuse or neglect. MA DCF child abuse is when a child was physically harmed by their parent or someone responsible for their care. MA DCF child neglect is when a parent overlooked a child’s needs…including the child’s physical, emotional, psychological and mental needs. Everyone can strongly agree that when child abuse and/or neglect happens, DCF should intervene. But sometimes, DCF becomes involved when they shouldn’t be.
How Does DCF Find Out About Domestic Violence in a Family?
When a mandated reporter suspects that a parent abused or neglected a child, they have to report it to DCF. If they don’t, they could go to jail, lose their job, or pay a huge fine. So if a mandated reporter hears a couple arguing in front of their child, they may report to DCF that the child is being emotionally abused or neglected due to domestic violence between the parents.
A non-mandated reporter or an anonymous reporter can also file a report if they suspect child abuse or child neglect. The sad truth is that a vengeful neighbor who is upset with noise coming from next door can end up calling DCF to file false allegations of child abuse or neglect claiming that there is domestic violence going on in the family.
DCF takes domestic violence extremely seriously, so your family could be stuck dealing with DCF domestic violence allegations for way longer than necessary. DCF 51A reports are often filed due to personal issues. So, the reports include sensitive information which you may not want every government official to know. Parents should hire legal representation to make sure their rights are protected.
What is Domestic Violence?
DCF believes “domestic violence” is a pattern of coercive controlling behaviors that one person exercises over another in an intimate relationship. Even though DCF considers domestic violence to be a pattern, they often begin an investigation after the first incident of domestic violence.
This is especially true when someone calls the police for the situation. There was one instance where a father went out to a Patriot’s game and had a little too much to drink. When he got home, he and his wife had a heated discussion. One thing led to another. The father went to grab his phone out of the mother’s hand, and ended up pushing the mother down.
The child was in the room and watched the situation unfold. This was not a pattern of coercive or controlling behavior by the father. Unfortunately, a neighbor called the police, and DCF began an investigation into the family with concerns of ongoing domestic violence.
It is important to recognize when a child may be a victim of domestic violence. If there are changes in a child’s behavior or changes in a child’s functioning, it may be a sign that the child is being affected by domestic violence. But mandated reporters should keep in mind that sometimes, the child is not affected by domestic violence and therefore a report should not be made to DCF.
Mandated reporters must weigh their options. While it’s true that a child can get seriously harmed from domestic violence between the parents, they can also suffer greatly if DCF removes them from their home. So, the mandated reporter must take precautions and fully assess the situation before reporting to DCF.
What Are the MA DCF Child Neglect Effects of Domestic Violence?
If a child sees domestic violence between their parents or in their family, the child may show signs in their behavior. According to a pamphlet by DCF, these behavioral changes include:
- Mood swings
- Withdrawing from friends and activities
- Changes in play habits
- Worrying excessively about the safety of loved ones
- Nightmares
- Separation anxiety
- Trouble waking up
- Fear of falling asleep
- Emotional numbing (or acting like nothing bothers them)
- Hypervigilance (constant worry about possible danger)
- Increase in aggressiveness
- Angry feelings
- Regressive behavior (such as forgetting potty training)
- Hyperactivity (Very high activity level)
- Risk taking
- Difficulty concentrating
It is worth noting that a child can be exposed to domestic violence anywhere–not just the home.
What Does the MA DCF Pamphlet: PROMISING APPROACHES Say About Domestic Violence?
The Massachusetts DCF created a pamphlet to help mandated reporters recognize when domestic violence should be reported. The name of this pamphlet is “Promising Approaches”. It has a list of questions a mandated reporter should ask themselves to determine whether it would be useful to file a report to DCF due to domestic violence. The following are the questions:
- Is there access to weapons? Has there been a threat to use weapons?
- Did the abuser use “everyday objects” as tools for abuse or to instill fear?
- Is the violence escalating? Has the severity of the violence increased?
- Does the perpetrator stalk or harass the caretaker and is there an impact on the children?
- Does it seem like one parent is controlling over the other one?
- Is there a support system which helps the family maintain safety?
- Is the child visible in the community (e.g., is the child in daycare, in school, regularly seeing a doctor)?
- Have the caretaker and/or others made prior attempts to seek safety? What were the results?
- Are there substance abuse concerns?
- Is there mental illness present in either the perpetrator or the caretaker? What is the impact on the caretaker and children?
- Does the caretaker appear to have the ability to evaluate or to address the negative impact on the child?
- Does the perpetrator allow the caretaker or parent to address the impact on the children and meet their needs?
- Has there been a restraining order issued against the perpetrator? What happened? When?
What Will DCF Do for MA DCF Child Neglect Investigations for Domestic Violence?
When DCF does an investigation into a family for allegations of domestic violence, they follow the same protocol for all the other DCF investigations. The Department will conduct interviews, home visits, and gather documents just as they would in any other investigation of child neglect. DCF will also have to find out if the domestic violence is putting the children in the home in immediate or risk of immediate danger.
Oftentimes, when parents are going through a DCF investigation due to domestic violence, DCF will demand that the non-aggressive parent file a restraining order against the other parent. DCF may threaten to take the child away if the parent refuses to take out a restraining order. This can be the case even if the allegations were false and the domestic violence never occurred. If this happens to you, you should take out the restraining order.
Then, at the hearing for the restraining order, tell the judge that the restraining order was not necessary; you only got it because that DCF threatened to remove your children. Domestic violence is serious. When it happens, it can leave a lasting impact on a child’s emotional health. But sometimes, domestic violence does not affect a child’s well being. It is important to realize the difference between harmful and manageable domestic violence.
Kevin Seaver is a trusted Massachusetts DCF Lawyer specialized in DCF law since 1991. 
DISCLAIMER
You find yourself in this situation, it’s advisable to seek legal representation from a qualified attorney, like those at the Law Office of Kevin Seaver, who can advocate for your rights and guide you through the complex process of a DCF investigation.
Remember that the ultimate goal of DCF is to ensure the safety and well-being of children while supporting families in crisis.
Please note that this article does not create an Attorney-Client relationship between our law firm and the reader and is provided for informational purposes only. Information in this article does not apply to all readers.
Readers should not rely on this information as legal advice and should seek specific counsel from the attorney based on personal circumstances. Thank you.
Kevin Patrick Seaver is a Massachusetts DCF Defense Lawyer who represents parents against false child abuse allegations.
Massachusetts DCF Defense Lawyer Kevin Seaver has been successfully fighting false child abuse allegations since 1991.